Law Society of Ontario (LSO) Paralegal Practice Exam

Who can apply to quash a subpoena?

1. Only the defendant

2. Only the prosecuting attorney

3. The witness or involved parties

4. Any member of the public

The correct answer is: The witness or involved parties

The ability to apply to quash a subpoena is typically granted to the witness or individuals involved in the case. This is because those who receive a subpoena have a direct interest in the matter, especially if compliance with the subpoena might cause them to disclose sensitive information, incur costs, or face other negative consequences. When a witness or an involved party finds a subpoena to be overly broad, irrelevant, or burdensome, they have the standing to challenge it in court. The purpose of this legal mechanism is to protect individuals from undue hardship while ensuring that the legal process remains fair and balanced. Other options suggest limitations on who can challenge a subpoena. While the defendant and prosecuting attorney have specific roles in the legal process, they do not alone possess the exclusive right to quash subpoenas, as the rights and interests of those subpoenaed must also be considered. Therefore, it is the witness or involved parties whose interests directly engage the right to contest such demands.